The International Criminal Court. Law Term Paper Assignment

The International Criminal Court
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The International Criminal Court
Introduction
The International Criminal Court (ICC) is an international organization tasked with the power to investigate and prosecute any individuals accused of committing crimes against humanity (Bosco, 2014). The ICC possesses international jurisdiction allowing it to prosecute cases involving crimes related to genocide, crimes against humanity, the crime of aggression and any war crimes (Зakmak, 2019). The court was founded after the creation of the Rome Statute in 1998 that enabled its enaction into international law thus allowing states across the globe to ratify it and become state parties. Therefore, the ICC's jurisdiction lies among countries that cooperate with processes of the court to prosecute offenders of crimes under international law.
With the ICC being a judicial institution, it requires cooperation with states across the globe to be able to enforce its mandate (Bosco, 2014). Such support enables individual countries to make arrests, freeze assets and transfer suspects to the Hague where they can face the court and answer to the charges against them. However, the ICC does not replace any other forms of international or national criminal systems but only steps in when these systems are unable or unwilling to prosecute under their jurisdictions (Зakmak, 2019). Charges can also be referred to individuals from non-state parties in the case where they are referred by the United Nations Security Council (UNSC).
Case of the United States
While the United States participated in negotiations involved in the drafting of the Rome Statute in 1998, it voted against it eventually. Efforts to ratify the statute have subsequently failed under President Clinton and President George w. Bush. President Trump’s administration has continued the trend with his office pledging non-cooperation with the ICC. The country also feels that the court cannot be able to handle the prosecution of such a superpower, especially given its role in global peace efforts. Consequently, the United States is unwilling to support or recognize the role of the ICC concerning its citizens or those of its allies who are non-members. The United States understands the risks of high-level government officials or members of the armed forces being targeted hence guiding its decisions not to cooperate with the ICC (Zvobgo, 2019). Since the court only prosecutes individuals and not organizations, some actions of U.S. citizens such as soldiers working across borders may come under the purview of the court.
Impacts of the United States’ membership to the ICC
Becoming a member state of the ICC would enable the United States to contribute to the policies and formulation o...